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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-118Introduced by a4-L4 Temp. # 1939 1 2 3 4 ti 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 291 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. - 9 j A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN EASEMENT AND OPTION AGREEMENT OFFERED BY TAMWAY/GRAYSTONE FOR FAIRWAYS OF TAMARAC CONDOMINIUM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1.: That the Easement and option Agreement with Tamway/Graystone for Fairways of Tamarac Condominium III for the City to remove or demolish the temporary structure used for a sales and administration office after expiration of the use permit is hereby approved. Section 2. That the Mayor is hereby authorized to execute said agreement on behalf of the City. PASSED, ADOPTED AND APPROVED this /day of , 1981. rr ayor ATTEST: ss't City Clerk I HEREBY CERTIFY THAT I have approved the form and correctness of this Resolution 04AMA-'W' &W114" Arthur Birken, City Attorney MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE ,r,F , ( 18 EASEMENT AND OPTION THIS EASEMENT AND OPTION made and entered into this day of May, 1981, from TAMWAY CORPORATION and GRAYSTONE FAIRWAYS CORPORATION, d/b/a TAMWAY/GRAYSTONE, a Joint Venture, hereinafter referred to as "Grantor", to the CITY OF TAMARAC, a Municipal corporation of the State of Florida, hereinafter referred to as "Grantee". W I T N E S S E T H: WHEREAS, Grantor is the Owner of that certain property legally described on Exhibit "A" attached hereto (hereinafter referred to as "Property"); and WHEREAS, Grantor plans to construct thereon a Condominium devel- opment to be known as "FAIRWAYS OF TAMARAC CONDOMINIUM III; and WHEREAS, in connection with said development, Grantor has re- quested that Grantee issue a license for Grantor to place on the Property, a 60 foot x 12 foot conventional aluminum -sided office trailer (T & R Custom Builders, Model Number 5-1260, serial number 773 447), hereinafter referred to as the Temporary Structure to be utilized as a sales and administration office; and WHEREAS, Grantee has heretofore agreed to issue said license if Grantee shall grant to the Grant�r the following: an irrevocable easement to go onto the Property at any time after thirty (30) days of expiration of said permit in order to remove or demolish the Temporary Structure; (2) an option to purchase said temporary struc- ture for any purpose whatever for the sum of TEN DOLLARS and 00/100 ($10.00) in the event the Temporary Structure is not removed from the Property by Grantor within thirty (30) days of expiration of the permit; (3) Grantor posts a cash bond in the amount of TWO THOUSAND DOLLARS ($2,000.00) to cover the cost of removal of demolition of the Temporary Structure, if required. NOW, THEREFORE, in consideration of the foregoing and the sum of TEN DOLLARS ($10.00) each to the other in hand paid, receipt and sufficiency whereof is hereby acknowledged, the parties hereto PREPARED BY + RETURN TO: KENNETH P. WURTENBERGER, P.A. 1244 North University Drive Plantation, Florida 33322 covenant and agree as follows: 1) Grantor by these presents does hereby give and grant to Grantee, an easement over and upon the Property legally des- cribed on Exhibit."A" attached hereto, to take effect thirty (30) days from the expiration, termination or revocation of the permit for the use of a temporary sales and administration office issued by Grantee to Grantor, for the purpose of removing or demolishing the Temporary Structure if it has not already been removed or de- molished by Grantor. The easement terminates automatically upon re- moval or demolition of the Temporary Structure. 2) Grantor hereby gives and grants to the Grantee an irre- vocable option to purchase said Temporary Structure for any purpose what- ever, for the sum of TEN DOLLARS ($10.00) if said Temporary Structure is not removed from the property or demolished within thirty (30) days of the expiration, termination or revocation of the permit for the use of the temporary sales and administrative office. The option terminates upon removal or demolition of the Temporary Structure by Grantor. 3) Grantor shall post a TWO THOUSAND ($2,000.00) DOLLAR cash bond to cover the cost of removal or demolition of the Temporary Structure by Grantee, if required. 4) Grantee shall issue to Grantor a permit to house a Temporary structure on the property which will expire six (6) months from the date of issuance. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: TAMWAY CORPORATION Managing Joint Venture Partner of TAMWAY/GRAYSTONE, a Joint Venture President -2- ACCEPTED: TY O TAM AC Lara u Stuurmans, City Mgr. Walter W. Fa k, ayor Attest. _ C rol A. Evans, Asst.Ci y Clerk Laura . Stuu ans, City Manager STATE OF FLORIDA ) SS.. COUNTY OF BROWARD) The foregoing instrument was acknowledged before me this day of /WIK, 1981 by ��rz<r'� `�i'President of TAMWAY CORPORATION, Managing Joint Venture Partner of TAMWAY/ GRAYSTONE, a Joint Venture, on behalf of the corporation. r �7 XZ/" Notary Public State of Florida At Large My Comm s ion Expires: tfA?Y PUBL!C, STATE OF FE�RIDA AT I' wli CCNI;jISS!0N EXP,,ES APRIL 2, h, 1,1., AL LMRIPTION: T1iE ti-,'1:1X,ES OF TAMARN-' 03M.,0',i.NIUM N'11111'I,;1'.P?PS 1? 1 of Parcel. "A" and Parcel "R", 791E V�15x;1:S OF TM-U1 R-W, accox d'x,g to tl�.e Plat thereof, as recorded in Plat Book 81., R-�ge 23, of t ho i'{ffil is Records of Broward Coutny, Florida, being mare p�irticularly d,!! ;cr.il ed as follows: Beg ironing at the: Southwest oon)er of :aid Parcp.1 "A", N1.18048' 27 "E, 200.55 feet along the Sc:ulher.ly Line .it. CogpO rn,;levard, to a point of ciu_ve•t:ure of a ci.rcular ciave- i c• t.hc. j 1(:4' N ), t he.r•ly Ind Easterly clong the arc of said curve hj inc a (.)f 560 fer:t, an w-e d stence of 351.95 feet to a po?.ni. of cif a circular curve to tine left; thc:nce Rrtherly aix' 1�a.-Aerly, tl,e ai-c of rid curtie having a rad:.us of 940 feet, an arc di.sianc-e of. 219.95 f.cc:t tc. a point of revcxse curve of -a circular curve to the right; thr•rice Southerly and 13a.stemly along the sire of said curve N,virg a rrd'.us ()f 25 fact, an arc d-istance of 36.64 feet to a point of tangency; ihr;r,ce !;81021.'33"W, 585.22 feet; thence S84°36'29"W, 302.26 fEet nore or less to the Point of Be; nrdng- sadd Mnds situate, lying and being in County, Pl or ida. EXHIBIT "A" � �•:'€ §� |�|§/! � ;§ ;- |• ■ ,�■� ` �t ■��/� �§ � /§\ A A F. || �., | ■ § am AMk Awk-� ('r i 1..J JO.[tq .oT...... co I.c ............ .. 1.1o9 ....17-0 RFN TWO BALA CYNWYD PLAZA, BALA CYNWYD, PA. 19004 (215) 667-7100 PROPOSAL AND AGREEMENT OF SALE S R NO. 29928 Dote 5-14-81 SPACE RENTALS, a division of Transport International Pool, Inc., a Pennsylvania Corporation, hereinafter referred to as "Seller," hereby submits for acceptance by. Tamway-Graystone Corp. 8333 W. McNab Road Tamarac, Fla. 33321 Attn: Harvey Kaliff hereinafter referred to as "Buyer," the following Proposal to furnish the materials described below for the prices indicated: - QUANTITY DESCRIPTION PRICE 1 �Used�bile Office 12 x 60 (12 x 56 box) Unit # 092686 Serial # 773447 No warranties expressed or implied Used unit is sold "as is where is". DELIVERY: yes SETUP: none FOUNDATION: none $7,398.00 Delivery 100.00 7, .00 Tax 4% 299.92 7,797.92 TOTAL EXCLUDING ANY STATE OR LOCAL TAXES OR OTHER GOVERNMENTAL CHARGE (WILL BE COMPUTED ON INVOICE). Drawing No. Accepted Date TERMS OF PAYMENT C.O.D. Specification Accepted Date SHIPPING ADDRESS Lagos De Campos Blvd. and 84th Terrace Tamarac, Fla. L Seller estimates that delivery of the materials described above will require days -weeks after Seller is in receipt of complete information and drawings approved by Buyer, and satisfactory financial arrangements have been mode. This estimate is subject to paragraph 4 of the Terms and Conditions on the reverse side hereof. This Proposal by Seller must be accepted in its entirety by Buyer within fifteen (15) days from the date hereof, and acceptance shall be defined for purposes of this Proposal and Agreement as receipt by Seller of the duly executed original hereof at its offices in Bala Cynwyd, Pennsylvania, or personal delivery thereof too duly authorized agent or representative of Seller. Buyer's acceptance of this Proposal subsequent to fifteen (15) days from the date hereof shall be deemed to be a counterproposal, which shall be subject to renegotiation. The Seller agrees to sell and the Buyer agrees to buy the above described materials for the price and on the terms herein set forth, including the Terms and Conditions set forth on the reverse side of this Proposal and Agreement, which Terms and Conditions ore incorporated herein by this reference as if hereat set out in full. This Agreement will not become binding and effective until signed by an authorized officer of the Buyer and an authorized officer of the Seller. Buyer warrants that the person signing in Buyer's behalf is an authorized officer. IN WITNESS WHEREOF, the parties hereto have caused this Proposal to be accepted at the prices and upon the Terms and Conditions named herein and to be executed by a duly authorized officer. BUYER Tamway-Graystone Carp. r. 1- By �' '-� 1 ' By Title /i —/ .L < < Title Date / �� Date r� PURCHASE ORDER NO. By Title